The assessee sought for quashing of assessment order and the consequential notice of demand on the ground that reasons for re-opening the assessment were not provided. Dismissing the petition the Court held that upon receipt of notice under section 148, assessee has two options, first is to file a revised return of income and request for reasons for re-opening assessment and second is to inform Assessing Officer that original return of income should be treated as return in response to notice under section 148. On the facts the assessee had not resorted to either option, assessee was not entitled to challenge reassessment proceedings on ground that reasons for re-assessment were not provided. Accordingly the petition is dismissed. (AY. 2016-17)
Swapna Manuel v. ACIT (2024) 297 Taxman 573 /465 ITR 769 (Mad.)(HC)
S. 148 : Reassessment-Notice-Neither revised return is filed in response to notice nor informed to the Assessing Officer to treat the original return in response to notice under section 148-Not entitle to challenge on the ground that recorded reason was not provided. [S.143(2), 144, 147, Art. 226]